FMLA and Medical Leave

The Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, to care for a family member, or for the birth or adoption of a child. When employers interfere with that right or punish workers for using it, we take those cases.

Who Is Eligible

Basic eligibility:

• You worked for the employer for at least 12 months
• You worked at least 1,250 hours in the past year
• The employer has 50 or more employees within 75 miles of your worksite

Two kinds of claims exist: interference, where the employer blocks or discourages leave it owes you, and retaliation, where you get punished for taking it. Both are illegal.

Signs You May Have a Case

• Your leave request was met with pushback, guilt trips or impossible paperwork demands
• You returned from leave to a lesser job, worse pay or a different shift
• You were written up for absences that were covered by FMLA leave
• Your position was eliminated while you were out, but the work still needed doing
• Intermittent leave for chronic conditions was treated as a attendance problem

What To Do Now

1. Put leave requests in writing and keep copies of everything you submit
2. Keep medical documentation and any HR correspondence
3. Return-to-work communications should also be saved
4. Note who said what about your job while you were out
5. Contact a lawyer promptly; FMLA claims have shorter deadlines than many people expect

Frequently Asked Questions

Can my employer replace me while I am on FMLA leave?

You are entitled to return to the same or an equivalent position. If the work still exists and you come back to something worse, that is a problem the law addresses.

Does FMLA leave have to be paid?

The FMLA itself is unpaid, though some employers offer paid leave or require you to run accrued paid time off first. The protection is about your job, not your paycheck.

This page describes the law in general terms. It is not legal advice for your specific situation, and deadlines can be short. Call the firm for a free evaluation of your case.